Revolutionary War Pension and Bounty Land Warrant Application File S. 12895, Barnabas Fair, N.C.

SERVICE
NUMBER
N. C.
Fair, Barnabas
S. 12895
7
carded
CONTENTS

Habana 19996.
Barnabas Frazier
of Mississippi in the State of Alabama
He was a Private in the Co. commanded by Captain Smith, of the D.P. commanded by Col Campbell in the A.L. — time for two years.
Inscribed on the Roll of Alabama
at the rate of 80 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 7 th day of Oct. 1883 and sent to E. Short- ridge Tuscaloosa Ala.
Arrears to the 4th of Sept 1883 — 2 00.
Semi-annual allowance ending Mar 31, 40 —
$240. =
Revolutionary Claim, } June 7, 1832. }
Recorded by Wm Palmer Clerk
Book 3 Vol. 8 Page 45.

Barnabas Fair
Declaration for Pension
17604 v

Stan of Alabama } per. Tuscaloosa circuit & county } 3
On this 6th day of October A.D. 1832 person appeared in open court before Anderson Greushan Judge of the circuit court of Tuscaloosa co. now sitting Barnabas Fair a resident of the Alabama in the County of Tuscaloosa, in the third Judicial circuit aged seventy four or seventy five years, who being first duly sworn according to Law doth on his oath make the following oath declaration in order to obtain the benefit of the act of Congress passed June the 7th 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
Col Campbell commanded the Lieutenant Col Cleveland was Col of the Regiment, Col. Smith, Lieutenant Varnum Hamlin, Ensign Oliver Charles - subordinate officer that he entered the service as a drafted Militia man for three months, that he was then about 19 years of age and the time he entered the service was in the fall time of the year, pretty early in the season, though the particular date is not recollected. That he served in said Regiment under the officers aforesaid in the Battle of Kings Mountain, that in this service he received no wounds nor was he in any engagement during the time, that Capt Smith who commanded him at nearly the first fire was shot through both his cheeks, but survived.

That at the end of his service aforesaid he was discharged, but if it was done by a uniting he does not now remember it, at any rate if he got a written discharge he has so mislaid or lost it that he knows not what has become of it. He is however sure he served his full time & honorably returned to his father's residence.
This affiant was born in Pennsylvania about sixty miles from Philadelphia as his parents have told him & while very young his parents removed to the State of North Carolina (Linn County, from which place he was drafted, as above set forth, that that part of Surry County as it was then known has by a division of the County now the name of Stokes. After the Revolutionary war was closed he removed to South Carolina Pendleton District at which place he resided, until the year of 1818 when he removed to this State, and settled in the County of Tuscaloosa where he has ever since resided.
That after the expiration of his first service he was again drafted for eighteen months, he thinks the next succeeding fall to his former draft, & being under the control of his father & his services being required at home, his father rather than spare him hired a substitute at the price of seventy pounds.
When Cornwallis was marching through North Carolina with his Army this affiant was again called into service, but the date he is un-

to remember but refers to History for that fact, & does he remember for how long a time he was called out. - he is inclined to the belief that the call was one of an unlimited character for the protection generally of the country - he was present under this call at the Battle of Guilford not though immediately in the action, owing to Captain William Bostick who commanded the company getting sick & not bringing them into action. General Riddens commanded a General that part of the troops to which this affair belonged - and shortly after, he went in pursuit of the Tories in the up- country - upon which expedition this unit was frequently engaged in scouts and small reconnoiters - or skirmishes but no regular or serious battles against them, as in fine he during the whole war until the close of it was called upon and acted as a mounted man ready & prepared for service.
During this period it became a part of his duty to be one of a guard or Escort for the Representatives of the State of North Carolina when they assembled at the Moravian Town in Surry County.
This affair states, that he has as before stated no written discharge within his power, nor is able to prove by any one in this part of the country that he knows of, the services he has rendered in the Revolution, but relies upon the truth of his own statement, and a character

for veracity which he hopes is unimpeached.
In stating the instances of his service, he has not hesitated, though of any Regular officer particularly - It will be seen he was at no time but at the battle of Guilford under the command of regular officers - In that battle the commander in chief was Genl Greene - He also states, that to put his whole service together he does not know precisely what length of time it will make, but it is a good deal more than two years.
He has no Register of his age - His father kept one, and he has kept an account from it so as to bring his age to the number of years he first related.
He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the Agency of State.
sworn to & subscribed in open court 3rd day of October 1835 John M. Gaffney Clerk Thomas A. Smith
Mr. Barnabas Fair, a clergyman residing in Tuscaloosa and John O'Callaghan Esq. the first residing in Tuscaloosa, the latter formerly of South Carolina (Pudle two districts, (and there are several other districts) some time resident of Tuscaloosa & now a citizen of Mobile, hereby certify, that we are well acquainted with
Barnabas Fair who has subscribed & sworn to the above declaration, that we believe him to be 74 or 75 years of age, that he is reputed and believed in the neighborhood where he resides, to have been

a soldier of the Revolution, & that we con- cur in that opinion. Thos A Smith
Given to Subscribed in open Court this 6. day of October 1832 John W. Jenkins Clerk
Wm O Cummins John L. Tindall
And the said court does hereby declare it is their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier and served as he states. Since the Court for the State circuit, that it appears to them that Thomas A Smith who has signed the preceding certificate is a clergyman resi- dent in the County of Tuscaloosa and that John O Cummins & John L Tindall who have also signed the same are resident citizens Tuscaloosa County and are credible persons & that their statement is entitled to credit. Anderson Greenhaw
I John M Jenkins clerk of the court of Tusc- aloosa circuit & county do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Barnabas Fair for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this 6th day of October 1832
John W. Jenkins Clerk

State of Alabama } Tuscaloosa County } Feb
Personally appeared before me a Justice of the peace for the county aforesaid Barnabas Fair, who being duly sworn deposeth & saith, that by reason of old age and the consequent loss of memo- ry, he cannot swear positively as to the precise length of his service, but according to the best of his recollec- tion he served not less than the periods mentioned below & in the following grades: For three months as a pri- vate soldier in the Malheur, for eighteen months in the same grade, and as a minute man as a private in the Ma- lheur until the close of war about three years more, and for such a claim a Pension: Given under my hand & seal of office this 21 st day of June 1833. his Barnabas Fair Mark
Wm Garrison Justice of the Peace
State of Alabama Tuscaloosa County Feb
I John A. Hodges clerk of the court for the county aforesaid do hereby certify that Barnabas Fair whose name is subscribed to the above certificate is a Justice of the

hears for the county aforesaid only commu- -tance & qualification, & that his signature is genuine, and due faith and credit should & ought to be given there to.
Witness my hand and seal of office this 27 th day of June 1833
John A. Woodgate Clerk

Rev. Mr.
✓ 12.895 INVALID.
File No. 12.895
Barnabas L. L.
Prim. Rev. was
Act: June 7 th 1832.
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

19.996
Bananas Fair Declaration in Prison
Adm 2 years $80
E. Shortridge Tuscaloosa Alabama

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Barnabas Fair further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? No V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? ye VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? ye VIII. Has the Court given their opinion? ye IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡Are the papers authenticated as the regulations direct? H H Yes. XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
☞ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.